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Home My WebLink AboutContract 26703CITY SECRETARY f �� AGREEMENT FOR �T�iACT PVQ , • � WATER AND WASTEWATER SERVICE WHEREAS, the City of Fort Worth ("City") and W. E. Peden ,("Customer") entered into a Lease Agreement ("Lease") on Februarv 1 g, 1982 , same being filed of recard at Volume 12458 , Page 2093 , of the Deed Records of Fort Worth, Tan•ant County, wherein City leased to Customer those certain Demised Premises ("Demised Premises") known as Lot 23 , Block 2, Lake Worth Lease Survey, also known as 6509 Cahoba Drive , Fort Worth, Tarrant County, Texas; and WHEREAS, a septic system is currently providing wastewater service to the Demised Premises; and WHEREAS, City is designing a sanitary sewer main to provide wastewater service to the Demised Premises and, upon completion of such design, will award a contract for the installation of such main and all appurtenances thereto; and WHEREAS, the design will involve the installation of a grinder pump on the Demised Premises; and WHEREAS, City and Customer have an interest in the protection of the quality of water contained in Lake Worth, and both wish to protect such water quality and that the proper operation and maintenance of the grinder pump is necessary for such protection; and WHEREAS, City and Customer desire to enter into a service agreement for the provision of water and wastewater utility service fo the Deinised Premises wluch will iiiclude provisions related to the operation and maintenance of the grinder pump. NOW, THEREFORE, City and Customer agree as follows: ^l 0��6�c�G�.� �_'IS,�;��-;,;:,,J� C0�'tif �� G�r��,',,��;;�.; �� -.,��: i� � � �o ��GV`�'��; �� o CITY SECRE7ARY AGREEMENT FOR �T�iACT PV� , � � � Z�3 � WATER AND WASTEWATER SERVICE WHEREAS, the City of Fort Worth ("City") and W. E. Peden ,("Customer") entered into a Lease Agreement ("Lease") on Februarv 18, 1982 , same being filed of record at Volume 12458 , Page 2093 , of the Deed Records of Fort Worth, Tar��ant County, wherein City leased to Customer those certain Demised Premises ("Demised Premises") known as Lot 23 , Block 2, Lake Worth Lease Survey, also known as 6509 Cahoba Drive , Fort Worth, Tarrant County, Texas; and WHEREAS, a septic system is currently providing wastewater service to the Demised Premises; and WHEREAS, City is designing a sanitary sewer main to provide wastewater service to the Demised Premises and, upon completion of such design, will award a contract for the installation of such main and all appurtenances thereto; and WHEREAS, the design will involve the installation of a grinder pump on the Demised Premises; and WHEREAS, City and Customer have an interest in the protection of the quality of water contained in Lake Worth, and both wish to protect such water quality and that the proper operation and maintenance of the grinder pump is necessary for such protection; and WHEREAS, City and Customer desire to enter into a service agreement for the provision of water and wastewatei� utility service fo the Demised Premises wliich will include provisions related to the operation and maintenance of the grinder pump. NOW, THEREFORE, City and Customer agree as follows: '��1��8�G�� `�'r;�' '':'i�'� J: ��Y l'.' 1f� fIf��~'�� f NCiI` I;;��I��,jfl: II U 1 �l ��• �� q �� ;; o L �J.J��Uy l_5U'o 1. Attached as Exhibit "A" is a copy of the SPECIAL WAILR.ANTY AND SERVICE AGREEMENT covering the grinder pump. This warranty and service agreement is made a part hereof for all purposes. � Customer shall be responsible for the proper operation and maintenance of the grinder pump and all appurtenances thereto, including the service line up to the valve at the property line of the Demised Premises, all hereinafter being referred to as the "Grinder Pump System", installed on the Demised Premises for the purpose of providing adequate wastewater service to the Demised Premises. 3. Subject to paragraph 1 above, Customer shall be responsible for and pay for all costs and expenses related to or in any way connected with the operation and maintenance of the Grinder Pump System, including by way of example, but not limitation utility costs and repair costs. Customer shall notify the City in writing of any maintenance and/or repair work performed on the Grinder Pump System and shall include in such notification a copy of any invoice associated with the maintenance and/or repair work. All notices required herein shall be sent to: Fort Worth Water Department Governmental Affairs IU00 T1u�oc1�7iorton Street Fort Worth, Texas 76102 . ��G� ��, �� E�;�� a ,. «,� ..�..��._.. C_u�� C�L�%�� , L5 p /" —7 � U�'r��'I�� S�?,'' 2 �a �L.�..�.J S, �i 7o�•io L'� Charges for sanitary sewer service shall be based upon 900 cubic feet of water per month or upon actual City water metered as determined by the Director of the Fort Worth Water Department. 5. Customer's failure to operate and maintain the Grinder Pump System and the failure to pay for all costs and expenses related thereto shall constitute a breach of this Service Agreement and authorize the City to discontinue water and/or sewer service to the Demised Premises in accordance with City policies. In the event service is terminated, Customer shall be responsible for any and all costs related to the termination of any such services and for the restoration of service, all in accord with then existing Ordinances of the City. C� In the event of the expiration of the Lease or the early termination of the Lease for any reason, the Grinder Pump System shall remain a part of the Demised Premises and shall never be considered to be part of any improvements which Customer may remove. 7. Upon the Demised Premises being sold to a third party, this Agreement shall terminate and Customer shall have no further obligation to City hereunder, other than to pay for water and/or wastewater service provided prior to the date of sale. If the Demised Premises are purchased by Customer, then this Agreement shall continue in full force and effect. 3 uf�G�B�� °�� G'D C ��'� �� ,G�ti' �o �''J�' �i�r'��9 ��`?o : This agreement shall become shall be binding upon any heirs, transferors, sublessees, purchasers, or assignees coming into possession of the land. Signed this �'y� day of �� , 200(�. CITY O FO O T � By: A_ssistant City Manager a'�� T : , 1^ - ity Secre ry �-�� C' f APPROVED AS TO FORM AND LEGALITY Assistant i Attorney STATE OF TEXAS COUNTY OF TARR_ANT �� CUSTOMER 9 �� - � W. E. Peden f, �; `��; c k'�� :� l,� � l� Contract Authorization Date BEFORE ME, the undersigned authority, a Notary Public in and far the State of Texas, on this day personally appeared Mike Groomer, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ��, � a�'�'> � �� day of '��I��OG�� D C��'� ��G��1G?°� �4��,�� 7�;,� _,_ o ��u�,�� uJ�� I,.SLL;� _ ;'SPRYPU9�' ROSELLABARNES O:' � 'y,l� : �*;' t°�,i N07'ARY PUBUC tiN!��P ? State of Texas '' �'�'oF��`Comm. Exp. 03-31-20d5 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the �,�nr KAft�N GaLMORE Notary Public '' '' �TA7E aF TEXAS ''�� x �, ��. osisoi2oc Notary Public, State of Texas My Commission expires: [� � — ,� i — �— c� c� �� a Notary Public in and for the State of Texas, on this day personally appeared U'��. �� t" 1 , known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to that they executed the same for the purposes and consideration therein expressed. G� UNDER MY HAND E1ND SEAL OF OFFICE this 1�_day of , �. ` , � ��- No ary Public, State of Texas s My Commission Expires: (� ��D Q � ^ ei � �� l�? �'�r'�r� � �� f c��;�� :' G'i��'', r`%,' � , �,;,�� u r�w 4 ��o ��L>;-�`��'►� J�7->sa Exhibit "A" environm�nfi � one coRPOHnnoN �n�vironment One Corporation provides a 5-year, 100% parts and labor �xrarranty against defects in materials aud workizaanship, on the complete grinder pump station and accessoz�es as supplied and manufactured by � Environment Une including but not limited to the pump, motor, control panel, aud redundant check valve. The warranty is tor a period of sixty (60) manths after eitl�er the date of Certification of Substanhal Completion of th� proj�ct or �ugust 1, 1997, whichever occurs first prov�ided the station is properIy installed, serviced, ar�d operated under normal conditio�ns and according to manufacturer's instructions. Tk�is warranty does not cove� vandalism or acts of God. Any defects found during the war�anty period wi11 be reported to tha mauufactur�r by the residenf, and sha11 be repaired by the manufachuer or mantifacto.rer's service representati�ve. The zx�anufacture�'s service representa.tive sha11 be on call for emergency service. Repair or parts replacement required as a result of such de�ect wi11 be r,�ade free of charge during this period upon �eturn of tI�e defective parts or equlpment Yo the manUfacturer pr its 1�earest authorized seNic� cenZer: � ,- % 2773 BALLTOWN F�OAD � SCHENECTADY, NEW YORK 12309-1090 7ELEPHONE 518-346-8161 • F'AX 518-346-6188 http://www,eone.com ! _4`''+f'�rl�i%;�;,',,� r"r:��J c1D P n � � ��ijiU� C�'�ii��'UI��Un��v JI . C I"� , ) j�p ,:,��P^.i�:;;j�l ';� �; � j(t, li��o �'1'."''��'i:��1'�p U�5 0